Sawin & Shea

MARCH 13, 2024

A reaffirmation agreement is a document that re-obligates a debtor to repay a particular debt, such as a car loan, mortgage, or other loan type. It basically serves as a legally binding promise that the person filing for bankruptcy will resume making payments in full and on time to the creditor.

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Sawin & Shea

AUGUST 9, 2022

With a Chapter 13 bankruptcy, the debtor agrees to a payment plan to pay off their debt, which means they don’t have to surrender their property as collateral. For those that choose a Chapter 7 bankruptcy, a reaffirmation agreement can help protect property from being repossessed as collateral. How Does Reaffirmation of Debt Work?

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Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. An automatic stay is an injunction prohibiting creditors from collecting debts. The Debtor(s) need to complete the required credit counseling session. In 2005, the U.S.

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Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.

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Sawin & Shea

APRIL 10, 2024

With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. In this blog, we discuss what assets and property a debtor may lose in Chapter 7 bankruptcy. The bankruptcy trustee will sell your non-exempt assets to pay a portion of your debts to creditors.

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Sawin & Shea

JANUARY 18, 2024

Debtors with a steady income create a court-approved repayment plan spanning three to five years. The debtor works closely with a bankruptcy trustee to create a manageable repayment plan, and upon successful completion, any remaining eligible debts are typically discharged. What is Chapter 13 Bankruptcy?

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FFGN COLLECT NY

NOVEMBER 21, 2022

When most people think of taking back goods or other collateral, they think of the “repo man” breaking in and repossessing a vehicle in the dead of night without a court order or sheriff tagging along. Clearly, the creditor would not be able to go ahead and take the goods back without violating the peace.

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Sawin & Shea

SEPTEMBER 14, 2022

They can assist you through the bankruptcy process and can keep creditors from unlawfully harassing you. An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. With consumer debts, co-debtors receive the protection of an automatic stay. What is Consumer Debt?

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Sawin & Shea

NOVEMBER 15, 2023

If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something. This is a voluntary agreement between a secured creditor and the debtor that re-obligates the debtor on the secured debt.

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Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do?

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Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An automatic stay is a fundamental part of bankruptcy that protects debtors from creditor actions. What Does an Automatic Stay Do?

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Debt Free Colorado

MARCH 10, 2023

At the beginning of the bankruptcy process, a petition is filed by the debtor or, less frequently, by creditors. After all the assets have been reviewed and evaluated for the debtor, some of the debt may be partially fulfilled utilizing the assets. Yet, fewer than 10% of these efforts succeed. Definitely not.

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Sawin & Shea

JUNE 7, 2023

If you have a co-signer associated with your debt or if you are a co-signer, you need to be aware of how financial liability works and what happens when the primary debtor declares bankruptcy. For example, a parent or another family member may become a co-signer for a low-credit borrower so that the primary debtor can obtain a desirable loan.

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Sawin & Shea

FEBRUARY 7, 2024

It is not generally recommended that Debtors take on the task of presenting a bankruptcy case pro se, that is without an attorney. With this automatic stay, your creditors won’t be able to garnish your wages, meaning that you can use your earnings to pay your installment plan. The short answer is “yes.”

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Sawin & Shea

MAY 26, 2021

This means a foreclosure, repossession, garnishment, or other action can continue against your spouse even after you’re freed of it through bankruptcy – but only if their name is on the debt. If you opt for Chapter 13, an automatic co-debtor stay prevents creditors from hassling either you or your spouse about shared debts.

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Bankruptcy Chapter 13 bankruptcy Creditors Repossession 97

Roths Child Law

APRIL 30, 2021

All debtors must pass the means test to file for Chapter 7 bankruptcy. Consumers can only file Chapter 7 bankruptcy once every eight years. The court will likely reject your request to do so if that amount of time hasn't elapsed since your last discharge. . Not passing the means test. A recently dismissed case.

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UK debt collections

NOVEMBER 16, 2023

The bankruptcies were made up of 553 debtor applications and 150 creditor petitions. Debtor applications were 18% higher and creditor petitions 90% higher than in October 2022. It can have serious implications for individuals and their families, as it can lead to bankruptcy or repossession.

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PBWT

JANUARY 19, 2021

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. [i]

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Debt Free Colorado

MARCH 3, 2023

Are My Creditors capable of appealing My Bankruptcy? Chapter 7 bankruptcy Given its straightforward and simple nature, Chapter 7 is sometimes referred to as straight bankruptcy since it involves selling the debtor’s assets, and splitting the money among creditors. What Can’t Bankruptcy Do? What Can’t Bankruptcy Do?

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Sawin & Shea

JULY 12, 2023

Both forms of bankruptcy provide an automatic stay, which is a legal order that protects you from creditors. Once you’ve filed your bankruptcy petition, creditors will no longer be able to take any action to collect debts against you. They’ll be unable to garnish your wages, foreclose on your home, and repossess your belongings.

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Sawin & Shea

JUNE 21, 2023

The Chapter 13 repayment plan consolidates your existing debts into a three to five-year plan to pay back your creditors, and initiating the process offers immediate protections, including an automatic stay, and allows you to keep all of your possessions. When filing for Chapter 13, debtors don’t immediately discharge their debts.

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Sawin & Shea

APRIL 17, 2024

The court will then order a bankruptcy stay — also called an automatic stay — that prohibits creditors and lenders from collecting what you owe. This plan states that you’re committed to paying back something to creditors in monthly installments, and you detail the minimum amount you’ll pay as well as the duration of the plan.

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Consumer Financial Services Law

JANUARY 31, 2020

2019) that creditors who refuse to relinquish an item that was seized pre-petition are not subject to sanctions because their refusal does not violate 11 U.S.C. § Joy Denby-Peterson purchased a 2008 Corvette in July 2016, and several months later the vehicle was repossessed when Denby Peterson failed to make all of the required loan payments.

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Sawin & Shea

MARCH 20, 2024

If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. They typically answer questions from a debtor about back taxes, filing annual tax returns, and tax penalties they may owe.

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Credit Corp

MAY 3, 2021

Can a Creditor Collect after Issuing a 1099-C? The bank repossesses the car, but you still owe $20,000 on it. Can a Creditor Collect After Issuing a 1099-C? A creditor cannot continue to collect after it issues a 1099-C. Find out more about the 1099-C form and how it could impact your tax liability. In This Piece.

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Qualco

NOVEMBER 7, 2023

In the past, creditors used to restructure sparingly, typically reserving it for situations where amicable collections appeared implausible. These often involve initiating legal proceedings against debtors intending to repossess, auction, and sell collaterals or executing payment orders to seize the debtor’s assets or income.

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Sawin & Shea

MARCH 7, 2023

When you file for Chapter 7 bankruptcy, the Court will place an automatic stay upon filing, which stops creditors from collecting payments, garnishing wages, or repossessing property. Most debtors cannot keep their credit cards when they file for Chapter 7. Most people keep everything they have in Chapter 7 cases.

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Sawin & Shea

SEPTEMBER 13, 2023

During this process, the lender will typically repossess the house and then sell it off at a public auction. A bankruptcy, on the other hand, is a process that debtors can use to eliminate some of their debt or establish a payment plan for their debts so they can potentially save some of their assets or property.

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Public Citizen

OCTOBER 29, 2020

A new state survey from the National Consumer Law Center finds that not one jurisdiction’s laws meet basic standards so that debtors can continue to work productively to support themselves and their families. Puerto Rico, and the Virgin Islands that protect wages, assets in a bank account, and property from seizure by creditors. “By

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Sawin & Shea

JANUARY 25, 2022

If you miss payments and default on this type of debt, the creditor can seize the asset to liquidate it and apply those proceeds to the money you owe. In some cases, the assets or secured interest is something a creditor voluntarily agrees to in a lien; in other cases, the lien may be involuntary.

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Roths Child Law

DECEMBER 10, 2020

One of the most common consequences of this problem is attempts from creditors and debt collectors to get payment from the individual. They may send letters, call frequently, threaten to foreclose on the home or even repossess the consumer's property. Owing a significant amount of debt is a stressful time for a Tennessee consumer.

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Sawin & Shea

DECEMBER 22, 2021

When you file for bankruptcy, creditors evaluate pre-bankruptcy spending to ensure that you are not trying to take advantage of the bankruptcy process. If you file for bankruptcy after making significant holiday purchases, you may give creditors a chance to accuse you of fraud. How Can I Benefit from Filing Before the Holidays?

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Bankruptcy Chapter 7 bankruptcy Creditors Repossession 52

Debt Free Colorado

JANUARY 10, 2022

When a business or an individual cannot meet financial responsibilities or pay to creditors, there is an option to declare bankruptcy. Bankruptcy laws are in place to protect not just the debtor, but also the creditors. Bankruptcy laws are in place to protect not just the debtor, but also the creditors.

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Roths Child Law

APRIL 30, 2021

All debtors must pass the means test to file for Chapter 7 bankruptcy. Consumers can only file Chapter 7 bankruptcy once every eight years. The court will likely reject your request to do so if that amount of time hasn't elapsed since your last discharge. . Not passing the means test. A recently dismissed case.

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Chapter 7 bankruptcy Bankruptcy Repossession Collateral 40

Titan Consulting

AUGUST 23, 2020

In many cases, you may also lose certain secured assets like homes and cars in a liquidation to pay your creditors some of what you owe. The bankruptcy trustee will sell any non-exempt assets to repay debtors before a discharge occurs. The court trustee creates a repayment plan approved by creditors and oversees the debt repayment.

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Sawin & Shea

APRIL 20, 2021

This allows them to begin the foreclosure process on your home, which will ultimately cause your home to be repossessed and sold at what is called a sheriff’s sale unless some type of intervention takes place. Bankruptcy is another way of halting creditor demands for payment. The Sheriff’s sale is done by bids at a set date and time.

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BN Lawyers

MARCH 23, 2020

Work with Creditors. Most creditors (lenders, suppliers, employees) will be aware of the distress facing the entire service industry. Many creditors will be willing to work with businesses. Creditors face their own pressures. To the extent possible, payments to creditors should be delayed while negotiations are ongoing.

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